Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1887-12-10
GRET'rIE R,lZELLE
Tells Her Story on the
Stand.
HER DEFENSE UNDER WAY
The Jury Visits the Bed Room
Where the Vitri0l Was
Thrown.

and placed them IN charge OF Sneriit
Crews to be conveyed with Mrs.
Rozele to 900 College street, for the
purpose of viewing the place where
the crime was said to have been conn.,
mitted.
In the interval the case of Susan
v. Weber, assault to commit MUIR
der, was called, on a motion to dis
miss on the grounds that the defend
ant had been on trial before for the
same offense. 1t will be remem-
bered that this case was dismissed by
the court some weeks ago on the
ground that there was variance in
the name of the person upon whom
the assault WAS committed, the COM
plant allie king the name OF the com.
plainant as Jane Doe. when the real
name was Mary Magoon. The conrt
at that time ordered new complaint
drawn by the District Attorney. The
motion was denied.
A second motion was made, asking
that the information be set aside Tor
the reason that the defendant was
not legally committed by the magis-
trate below. Motion denied.
Mr.. Gage, the defendants attorney
here exhausted himself by demurrine
TO the information, alleging as grounds
that there were not sufficient grounds
alleged in the complaint to hold the
defendant. Demurrer overruled.
Monday was fixed as the time to sci
the date for trial.
At IL A. NJ. the Rozelle jury returned
and the case was continued by intro
anctien Of evidence for the defense.
The first witness called was
X. E. NC GREGoR,
Who testified: 1 was in drug store
ON Main street on the l1th of May
and in a conversation with Petrie he
said, For Gods sake don't say any
thing about this trouble, for Mrs. Ro
zelle is a respectable woman Oh
jected to by the District Attorney
Question waived for the time.
ED. SMITH,
Being called and sworn, testified:
was Constable in the lower court or
the 18th day of May. 1887. went tc
the room OF Mrs. Rozelle about
O'Clock that night in company with q
couple of reporters. 1 arrested Mrs
Rozelle and took her to the city court
room. Her bail was fixed and | was
ordered to take her and her husband
back for the night, which l did, and
then Locked them in their room.
(The witness was requested, and
described the room, the relative
positions OF the furniture, and the
burnt spots on the carpet, using the
submitted diagram.
Between the bed and the wash
stand noticed quite a number OF
small holes in the carpet and one
very large one. On the leg OF the
bed and on the bureau there were
several spots, and on the Dashboard
and pile of books which were stacked
at the foot of the bed.
Q. Was Mr.. Petrie employed hero
in the city as an engineer?
A. Yes.
@. Was he discharged from employ
ment for debauching a young girl
Objected to-Objection sustained.
O. Do you know Mr.. Petrie's repu-
tation. and if so what is it-as to
chastity and virtue? Objected to.
These questions being material to
the case Judge Cheney discharged the
Jury at IL As A. NJ, in order to hear
the argument and cited authority on
this question.
1t was claimed by the District-At-
torney that the admission of evidence
attacking the prosecuting witness was
not competent, for the reason that
the character, whether good or bad,
was not defense for the assault
charged, and cannot be proven as a
justification.
Attorneys Wells and Crawford
argued on behalf of the
defense that such evidence
was competent and admissible
as a defense, it going to support the
evidence they would introduce, to the
effect that the assault was made in
defense, by Mrs. Rozelle, of her honor
and chastity, and that it would show
a possibility OF a provocation, he being
a man of bad character.
AFTERNOON SESSION.
The argument on the admissibilfty
of evidence relative to Petrie's char
acter was continued by Col. Wells.
Judge Cheney. without giving reasons
for the same, sustained the objection
and excluded the evidence.
Mr.. Edward Smiths examination
was continued. l have known Mr..
Petrie for two years; used to rail
road with him. During the time |
knew him here he was a railroad en-
gineer, and he also. for u time, was
engineer of one of the city engines.
think he went on to the road after he
left the employ OF the citv. l went to
Mrs. Martins house on the 18th again.
@. Do you know why Mr.. Petrie was
discharged?
Objected to. Objection sustained.
O. Do YOU know whether Mr.. Petrie
has been accused?
Objected to. Objection sustained
and the Court stated he wished the
counsel for the defense to understand
that he was not "a fool, and warned
them against seeking an answer to q
question he had decided to be mad
missible.
Cross Examinations noticed the
rug mentioned when went to the
house to pack the trunks. | found il
in the closet. The first night | went
there was the night OF the 18th. ]
stopped all night with them as a
guard. 1t was probably three o'clock
in the morning when found the rug
under several newspapers, in the
closet. II had hole eaten in il
about the size of my two hands. 1t
exactly fitted the large hole in the
carpet.
ME-. CHAS. PETRIE.
Being called, testified:
o. Do you knew Mr.. McGregor, and
did YOU have a conversation with him
at Hamnlan's drug store in which YOU
said for Gods sake don't say anything
about this for Mrs. Rozelle Is re-
spectacle woman?